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Minutes 12-01-87MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, DECEMBER 1, 1987 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Ralph Marchese, Vice Mayor Ezell Hester, Commissioner Leonard Mann, Commissioner Dee Zibelli, Commissioner Peter L. Cheney, City Manager Raymond Rea, City Attorney Mayor Cassandra called the meeting to order at 7:34 P. M. The invocation was given by Reverend John Block of St. Mark's Catholic Church, followed by the Pledge of Allegiance to the Flag led by City Attorney Rea. AGENDA APPROVAL Under "NEW BUSINESS", Commissioner Mann added "$2,000,000 Funding in Palm Beach County For Cities In Fighting Drug Related Crime". Commissioner Zibelli wished to make an announcement under "ANNOUNCEMENTS." Vice Mayor Marchese asked that "C. Approval of City of Boynton Beach/K Mart Cooperative Program with Bethesda Memorial Hospital Stroke Club - Watching Christmas Boat Parade", "ADMINISTRATIVE" follow the "CITY MANAGER'S REPORT." Under "ADMINISTRATIVE", City Manager Cheney added "D. Approval of Trucks for Construction Work At Walgreens On Federal Highway" and E. Approval of Banana Boat Christmas Sign." He deleted "D. Other, Consider Water Service Agree- ment for Trail's End Plaza" which was under "LEGAL". Commissioner Hester wished to remove "A. Minutes, Regular City Commission Meeting Minutes of November 17, 1987" from the "CONSENT AGENDA." City Manager Cheney called attention to "LEGAL, C. Resolutions, Proposed Resolution No. 87- Re: Extension of Agreement with Barnett Bank," and said it will be an approval and not a Resolution. Commissioner Mann pulled "I, Approve transmittal of Road Improvement Fees to Palm Beach County" from the "CONSENT AGENDA." COmmissioner Zibelli moved to accept the agenda as corrected, seconded by Commissioner Hester. Motion carried 5-0. -1- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 ANNOUNCEMENTS 1. City Hall will be closed December 24th and 25th for Christmas and January 1, 1988 for New Year's Mayor Cassandra made the announcement. 2. Announcement by Commissioner Zibelli A rumor has been spread that Commissioner Zibelli will be running for Mayor next year, and Commissioner Zibelli emphatically said she will not be running for Mayor in 1988, and she added that the Mayor's race will not be in 1988. PRE S ENTAT I ON Presentation by Bill Burson, Area Manager, Southern Bell Bill Burson, Area Manager, Southern Bell, said three years ago they set up a new policy to have localized directory covers for the telephone directory. Last year's directory had the Flagler Museum, the Norton Gallery, and the Woman's Club in Boynton Beach. Mr. Burson felt it was one of the best covers Southern Bell ever had. He presented framed copies of the directory cover to the Mayor, Vice Mayor, each Commissioner, and to City Manager Cheney. CITY MANAGER'S REPORT A. Summary of Travel - Senior Manaqement B. Report on Vehicle Allowances Mayor Cassandra announced that the Commission had received the City Manager's Report and felt no discussion was necessary. City Manager Cheney further reported that to date, the City has brought into compliance 434 vehicles and towed 288. 137 that have been cited are waiting to be towed, and that keeps going up. C. United Way Drive City Manager Cheney said that annually, the City employees participate in the United Way drive. The overall objective of United Way in South Palm Beach County was to increase contributions this year by 15% from last year. The City employees' contributions this year over last year went up 29%, and the number of givers went up 25%. The City employees contributed $22,700 this year. -2- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 D. Problems Along Canal City Manager Cheney reminded the Commission that at the last meeting, they heard comments from Reverend Douglas Davis, 301N. W. 13th Avenue, about problems along the canal. The City is working on that. Suddenly, there is an increasing trash problem there that the Public Works Department reported to City Manager Cheney. They can pick up five or six loads and go back two days later and pick up five or six loads. It is a major problem. The City will continue to work with the South Florida Water Management District, but City Manager Cheney did not have a solution. He explained that it is a combination of public land, private land, access to it, which is needed, and it is an easy way to go back, get rid of things, and hope you are not being seen when you dump it. E. Acquiring a 12½ Foot Piece of Property City Manager Cheney did not have an answer for William Sturgeon, 644 N. W. First Avenue. Mr. Sturgeon was not present at the meeting, but City Manager Cheney told the Commission that Mr. Sturgeon knows the City will contact him. F. Conduct by Codes Enforcement Inspectors Commissioner Zibelli asked if the problem of Robert C. Riley, 342 S. W. 4th Avenue, had been taken care of. City Manager Cheney apprised the Commission that Mr. Riley wanted to speak in PUBLIC AUDIENCE. The City Manager's report was accepted as presented. ADMINISTRATIVE C. Approval of City of Boynton Beach/K-Mart Cooperative Program with Bethesda Memorial Hospital Stroke Club - Watching Christmas Boat Parade This item was moved up on the agenda. APPROVAL", page 1.) (See "AGENDA Vice Mayor Marchese was approached by Mr. Frank Knox about a month ago. Mr. Knox said the Bethesda Memorial Hospital Stroke Club wanted a place for people to watch the boat parade. Vice Mayor Marchese referred to a memo dated December 1 from City Manager Cheney. He said K-Mart has -3- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 agreed to cooperate with the City, and there will be an area where people can sit in their wheelchairs and watch the boat parade. Although he was speaking for the Stroke Club, Mr. Knox did not think it was fair to leave out any of the other handi- capped people in Boynton Beach. There is plenty of room in back of K-Mart, and he wanted handicapped people to come if they brought someone with them. Mr. Knox had volunteers to help handicapped people in and out of their cars. Waste Management will donate three portable port-o-lets, and one is for the handicapped. Blue Ribbon Caterer is giving a truck with coffee. Women from Lucerne Point and volunteers from Village Royale will help. After discussion, it was decided there should be 150 chairs. City Manager Cheney said it would not hurt for people who could to bring their own chairs, but the City will have 150 chairs there. Mr. Knox wanted the handicapped and people with walkers and canes to be seated first. City Manager Cheney suggested Mr. Knox might know how many people will show up as they approach the date and thought that might be a better way to go. City Manager Cheney said the City will not have enough people there to give priority to who will sit where. Mr. Knox said they would take care of that. Mayor Cassandra asked if there would be any problem with regard to liability, etc. City Manager Cheney replied that the City is covered. Vice Mayor Marchese moved that the Commission endorse the request to have a roped off area for the Stroke Club to view the Christmas Boat Parade, seconded by Commissioner Zibelli. Motion carried 5-0. Hy Schwartz, Vice President, Bethesda Memorial Hospital Stroke Club, thanked the Commission. There was applause. PUBLIC AUDIENCE Conduct by Codes Enforcement Inspectors Robert C. Riley, 342 S. W. 4th Avenue, had hoped the Commission would discuss the problems he brought up at the last meeting. He wondered what happened in the last two weeks because the same violations are there, and he was now debating whether to get rid of his dog. MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 City Manager Cheney asked if Mr. Riley had met with George Hunt, Assistant City Manager. Mr. Riley answered, "Many, many times." Mr. Hunt had advised him that he was waiting for a report to come in from the Building Department. Mr. Riley asked if it is legal for the Codes Enforcement Inspectors to go through the gates that have the dog signs on them. Mr. Hunt interjected that the reports were in and said he would go over them with Mr. Riley tomorrow. That was agreeable with Mr Riley. If Mr. Riley is not satisfied, Mayor Cassandra said he should see City Manager Cheney. HRS Home in Golfview Harbour Leonard Kanonik, 1330 S. W. 28th Avenue, thanked Commissioner Zibelli for answering his letter. He stated that he wrote a letter on September 2, 1987 saying this home was in the neighborhood and that there are also a couple of transient houses in the neighborhood. Nobody but Commissioner Zibelli acknowledged it. Mr. Kanonik had talked to Mr. Hunt, and Codes Enforcement has to catch people in the homes doing this and that. Mr. Kanonik has been hearing the "same old stuff" for the last two years. His main concern was whether someone lied to him about the HRS home or if is it the City's policy to put HRS homes in residential neighborhoods. City Manager Cheney advised that the home is there legally. When the City rewrote the definition for "Family" several years ago, there was a lot of public testimony about foster care. The point was made that foster care could not take place in places where it normally does because, obviously, foster children are not related. At the time, there was a representative of the State's Department of Health and Rehabilitative Services (HRS) office that raised questions about foster homes that HRS had licensed throughout the City. At that time, the Mayor and City Council wrote a definition of "Family" that specifically allowed foster care that was licensed by the State of Florida. City Manager Cheney said this question had been answered several times in the last three or four years about the house on 27th Court. It is duly licensed by the State of Florida, and every one has known it was there. It is a legitimate, authorized facility under the definition of "Family" in the City Code. Foster care was specifically discussed at the time the definition of "Family" was discussed. -5- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 After other comments, Mr. Kanonik said he was interested in knowing why the people in Golfview Harbour were not notified that the City put an HRS home there, in an R-lA3% neighbor- hood. City Manager Cheney responded that the City did not put an HRS home in the neighborhood and emphasized that it is a permitted use in that neighborhood because it is per- mitted by the City Code. HRS has the authority to rent or lease or have their children in a home because they are foster children licensed under the State. The law allows it in the City, and they can do it. No notification is required to anybody. Mr. Kanonik asked if there is a difference between foster homes, drug abuse, and alcohol abuse. City Manager Cheney answered, "Yes." Mr. Kanonik told City Manager Cheney he better find out what is in that house. He referred to City Manager Cheney's comments and wondered why the City does not enforce the Code. City Manager Cheney answered that the City has visited the house that Mr. Kanonik was talking about on many occasions. The Code Inspectors have been in the house, as Mr. Kanonik knew, and this was reported at previous public meetings. The Inspectors found no sign of more than one family living there. City Manager Cheney alluded to ministers having meetings in their homes and said there are a number of places like that. He repeated prior statements. For the record, Mayor Cassandra asked City Attorney Rea to define how many unrelated people can live in a home. He believed the City Manager implied that foster children are in the home. City Attorney Rea read the definition of "FAMILY" from Section 1, Appendix A of the City's Zoning Code, which appears on page 1888. Mayor Cassandra questioned whether City Attorney Rea was saying foster children are allowed in R-1AA. City Attorney Rea answered, "Exactly." Mayor Cassandra asked if unrelated people are allowed in the house. City Attorney Rea replied that two unrelated persons are allowed to live together. There was discussion. Mayor Cassandra understood there was a questionable doubt as to whether foster children, drug abusers, or alcoholics housed there. As far as he knew, the City does not allow drug abusers and alcoholics, and a complaint was made that there is a misuse of this building. He thought that was something the City Manager would have to respond to. Mayor -6- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 Cassandra stated that the Code does allow foster children. If they want the Code changed, they should get someone to make the recommendation to the Commission. The Commission will either approve or not approve it. Halfway Houses in Golfview Harbour Robert V. Foley, 1380 S. W. 28th Avenue, Golfview Harbour, told of halfway homes in his neighborhood. He complained about four families in two family townhouses and cars parked on lawns and in back of houses. Mr. Foley understood there were private residences with two unrelated families there. He could not understand how Golfview Harbour had run down like it has when expensive homes are there. Mr. Foley made other comments. HRS House Steve Schultz, 1164 S. W. 27th Avenue, Golfview Harbour, lives right behind the house in question. They border the same back yard, and it is the most poorly maintained house in the neighborhood. Mr. Schultz referred to the roof of the house and weeds in the yard. Mr. Schultz talked to some of the kids that live there. Not only is there a wide variety from every race, creed, and colOr coming in there, but there is a constant flow of them. They only stay there a few months, and then they go. Mr. Schultz asked the kids what was happening inside of the house. Some said they are having drug problems, and others Said alcohol. Mr. Schultz questioned whether they were related, and the kids said, "No." Mr. Schultz stressed that it was not being run as a foster home or something your heart would go out to. It is going out for drug rehabilitation. He was waiting for the day when they get some kid half "wired out" on crack cocaine to come through his house, after his wife, and ransack his house because they need extra crack money. Mr. Schultz elaborated. Mr. Schultz could understand it, if they were talking about handicapped people or something like that. Now he was being forced to live in an environment that puts them right in his back yard. Mr. Schultz commented that maybe he better move his back yard. Mayor Cassandra believed the foster care concept was for children, and he did not believe that the City ever thought -7- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 of having a drug or alcohol rehabilitation house there. With the Commission's approval, he wished to pursue the investigations of the use of this house. If improperly used, he wanted to pursue eviction. If the City cannot do that, Mayor Cassandra thought the people should be told. He thought the Commission should respect all community concerns as well as the need for foster homes, but he did not think they wanted to expose any of the citizens to drug related or alcoholic type of people. If they are transients, it might become a halfway house. There was discussion. Commissioner Mann believed they needed a clarification as to whether group homes are permitted. Mayor Cassandra under- stood that the State had not commanded the City to have group homes, but they have suggested it. Also, foster homes, as the City wrote the Code, are for children and not adults. There was discussion. Mayor Cassandra reminded the Commission that they reviewed the concept of group homes, recommended certain zone areas that the group homes should go into and the amount of square footage of living area, but they do not have group homes as yet in the City. He repeated prior statements. City Manager Cheney said the issue Mayor Cassandra just talked about was discussed by the Planning and Zoning (P&Z) Board. There will be a public hearing before the City Commission on January 6th, and a whole issue of what is being suggested by the State will have to be addressed in the City's Comprehensive Plan. When the City has the hear- ing on January 6th, they will have all of that clarified in the proper language. City Manager Cheney said some language has already been passed by the Legislature, but he could not remember what it was. Mayor Cassandra asked the public to understand that the law does not say it must go in R-1AA, etc. City Manager Cheney informed Mayor Cassandra that some things have been mandated by the State, separate from what was discussed the other night, particularly in residential zoning. Vice Mayor Marchese attended the P&Z Board meeting a week ago relative to the Comprehensive Plan use, and he said this question and the hardship Mr. Schultz has suffered came to light. When this comes before the Commission, he was sure many questions would be asked about supervised housing, etc. Vice Mayor Marchese stated that he will not tolerate saying to handicapped people, "We don't want you." He expounded and then said he believed HRS had to do some policing. -8- MINUTES - CITY COMMISSION REGULAR MEETING BO~NTON BEACH, FLORIDA DECEMBER 1, 1987 Mayor Cassandra told Mr. Schultz there would be a response to his question at the next Commission meeting. City Manager Cheney had Mr. Schultz' name and address. Noise Ordinance Doris Richardson spoke with regard to the Noise Ordinance. See page 38 of these minutes. Fraternal Order of Police (FOP) and the Police Department Morton Goldstein, 130 N. E. 26th Avenue, Chairman of the Community Action Board and a Member of the Head Start Policy Council, thanked the FOP and the Police Department for their donation of turkeys and help. Because of this, Mr. Goldstein said approximately 300 of the.~oor people in Boynton Beach were fed. He added that this is something the FOP and the Police Department does year after year not only now but at Christmas time. HRS Home in Golfview Harbour William Stead, 1321S. W. 28th Avenue, has lived in Golfview Harbour for six years. He had heard about the occupancy of the house that was the topic here and stopped in there. Mr. Stead asked Mr. Hunt if the occupancy was legal. Mr. Hunt said he would find out. Mr. Stead wondered if Mr. Hunt had heard anything further than what had been covered at this meeting. City Manager Cheney replied, "Just what was said at the meeting." He also acknowledged that Mr. Schultz had added additional information. Mr. Stead questioned whether it was possible that there were other houses with the same occupancy in Golfview, and he added that he knows of one. City Manager Cheney answered that it was possible, but he did not know of any. Mr. Stead asked if the City could find out. City Manager Cheney recalled that when the HRS representative came here three or four years ago, he identified the location of all of those houses. Mr. Stead confirmed City Manager Cheney's statement that they were talking about the HRS house and how it is being used. City Manager Cheney reiterated that the City would look at this. -9- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 Sidewalks Wilda Searcy, 402 N. E. 13th Avenue, received a communication today from County Commissioner Dorothy Wilkin about sidewalks for llth Avenue northeast to Seacrest and 13th Avenue. Commissioner Wilkin stated that it was up to the City to fix the sidewalks. City Manager Cheney said the City has known for a long time that those were City streets. The County is not going to put sidewalks on City streets unless there is Community Development money. The City is preparing a response to Commissioner Wilkin as to the problem of putting sidewalks on those narrow streets and the impact on the houses. In some cases, they would take the front doors off houses. When they get the report together, City Manager Cheney said the people will understand what those sidewalks will mean to them. Mrs. Searcy told of almost killing two men at the cemetery because of being unaware that there were no sidewalks. She was happy to see sidewalks on Seacrest, and she expounded. On llth Street, Mrs. Searcy almost backed up on a man, and she stressed that it was necessary for them to have side- walks. She elaborated. After Mayor Cassandra repeated what City Manager Cheney had told Mrs. Searcy, City Manager Cheney said they have to recognize that there are many streets in the City that do not have sidewalks. The City has not had a sidewalk program. When they started a sidewalk program in one area, they raised questions about whether they would use public funds to build sidewalks in other areas and how to make those judgments. There were other comments. Fire Department's Fire Burned Roof Mrs. Searcy said the lady next door to her had to put a roof on her house and pay for it because of the Fire Department, and she wanted the City to reimburse her. City Manager Cheney told the Commission that no lady had come to the City and indicated that the Fire Department burned her roof with a demonstration fire. Mrs. Searcy said the lady would get in touch with City Manager Cheney. THE PUBLIC AUDIENCE WAS CLOSED. -10- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of November 17, 1987 This item was removed from the Consent Agenda by Commissioner Hester. (See pages 1, 13 and 14 of these minutes.) B. Bids - Recommend Approval - Ail expenditures are approved in the 1987-88 Adopted Budget 1. One (1) Diesel Engine Driven Constant DC ARC Welding Unit - Utilities The Tabulation Committee recommended awarding the bid to Equipment Sales Company, Fort Lauderdale, Florida, in the amount of $4,320. 2. The Supply and Installation of 130 Square Yards of Carpet - Fire Department The Tabulation Committee recommended awarding the bid to Lantana Carpets & Interiors Inc., Lantana, in the amount of $1,391 (base bid with padding). 3. Sale of Scrap Water Works Brass - Utilities The Tabulation Committee recommended awarding the sale to United Iron and Metal, West Palm Beach, in the amount of $6,532.50. C. Resolutions 1. Proposed Resolution No. 87-EEEE Re: Bond Reduction - Chalet IV, Plat 1 (West of Congress Avenue, South of Miner Road "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE AMOUNT OF THE PERFORMANCE BOND FOR 1744 FT. PORTION OF THE LOOP ROAD, a.k.a. SANDALWOOD DRIVE, WEST OF CONGRESS AVENUE IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST" 2. Proposed Resolution No. 87-FFFF Re: Release of Performance Bond - Chalet IV, Plat 3 (West of Congress Avenue, South of Miner Road) "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR PRIVATE RECREATION FACILITIES, CHALET IV, PLAT 3, IN SECTION 18, -11- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 53, PAGES 176 THRU 179 OF PALM BEACH COUNTY RECORDS" 3. Proposed Resolution No. 87-GGGG Re: Release of Restoration Bond - Chalet IV, Plats 1, 2, 3, 4 (West of Congress Avenue, South of Miner Road) "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE RESTORATION BOND FOR EXCAVATION AND FILL PERMIT FOR CHALET IV a.k.a. SANDALWOOD IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PLATS 1, 2, 3 AND 4" 4. Proposed Resolution No. 87-HHHH Re: Release of Performance Bond - Chalet IV, Plat 4 (West of Congress Avenue, South of Miner Road "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR CHALET IV, PLAT NO. 4 IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 53, PAGES 180 THRU 182 OF PALM BEACH COUNTY RECORDS" D. Development Plans None. E. Approve quotation for printing Boynton Bulletin, three (3) issues - Recreation The Tabulation Committee recommended awarding the printing job to Futura Printing, Boynton Beach, in the amount of $5,430. F. Approve quotation for printing of 34 items from various departments - Purchasing The Tabulation Committee recommended awarding the printing jobs to four different printers as indicated on the Tabula- tion Sheet. G. Approve request for zoning approval for Alcoholic Beverage License Farm Stores #660 4791N. Congress Avenue Boynton Beach, FL 33436 DanSel Rollins, Deputy Building Official, in his memo dated November 24, 1987, wrote that zoning at the above adddress -12- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 permits the sale of beer and wine for off premise consumption. H. Consider request submitted by Mr. Howard Korpi, of T.H.I.S. Corporation to place one construction trailer (combination office and storage) in conjunction with construction of "Perkins Restaurant" at Oakwood Square, located at Old Boynton Road and Congress Avenue The Building Department recommended approval. The subject trailer will remain for approximately five months. I. Approve transmittal of Road Improvement Fees to Palm Beach County This item was pulled from the Consent Agenda by Commissioner Mann. (See pages 1 and 14 of these Minutes.) J. Approve purchase of new pump - Lift Station ~308 - Utilities The Purchasing Director recommended purchasing the pump from Sanders, Aspinwall & Associates, Inc., Fort Lauderdale, sole supplier of Fairbanks-Morse pumps in the State of Florida. K. Approve special equipment to be purchased for "FATS" Machine in the Police Department The Purchasing Director recommended purchasing of the equipment from Firearms T~aining Systems, Inc., Norcross, Georgia, as this company is the manufacturer of said machine and accessories. L. Approval of Bills See list attached. Commissioner Hester moved to accept the Consent Agenda, items B, 1, 2, 3; C, 1, 2, 3, 4; E; F; G; H; J; K; and L. Commissioner Zibelli seconded the motion, and the motion carried 5-0. A. Minutes Regular City Commission Meeting Minutes of November 17, 1987 Commissioner Hester called attention to the fourth paragraph on page 28 of the minutes and said he knew he made the -13- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 motion, but he thought his motion was to approve the Committee. Commissioner Zibelli agreed. Mayor Cassandra recalled that they did not pick a Chairman or Vice Chairman. Commissioner Hester moved, seconded by Commissioner Zibelli, to accept the minutes as corrected. Motion carried 5-0. I. Approve transmittal of Road Improvement Fees to Palm Beach County Commissioner Mann saw that the City sent the County close to $3,000,000. He wants roads built in this City, but it turns out that the County is to build them. Commissioner Mann was specifically referring to Woolbright Road. He wondered if the City could stall sending the money to the County until the County becomes more responsive to the City's wishes. City Manager Cheney advised that the fee is collected by two zones, and the decision of where those funds are spent is made by the County, except that the funds have to be spent in the zones. The decision making process for spending the funds is related to the various capital improvements programs for the roads that are adopted by the County. Right now, Woolbright Road is on the County Commission's five year program for the beginning of design next year. The City agreed some time ago to participate. The City is one of the first and very few Cities in the County to do this and to cooperate with the County. The County made the point that Woolbright Avenue, Congress Avenue, Seacrest, and other roads have been built in the Boynton Beach area and, therefore, there is a direct impact. The City has agreed to collect the fees and to send them to the County. Commissioner Zibelli moved, seconded by Vice Mayor Marchese, to approve the transmittal of the road improvement fees to Palm Beach County. Motion carried 5-0. BIDS Five Street Construction Project - Engineering (Deleted at Commission Meeting of November 17, 1987) City Manager Cheney said these five projects were on the agenda. The five projects have been on the capital improve- ments list for a year or so and are funded out of the Local -14- MINUTES - CITY COMMISSION REGULAR MEETING BoyNTON BEACH, FLORIDA DECEMBER 1, 1987 Option Gas Tax. The City has gone to bids, and City Manager Cheney recommended that the Commission authorize these one project at a time. They are small pieces of road that have not been constructed over the years, and they need to be done. Commissioner Hester moved to approve the project, as outlined in the memo dated November 25, 1987 from William H. Sullivan, Purchasing Agent. Vice Mayor Marchese seconded the motion, and the motion carried 5-0. THE COMMISSION TOOK A BREAK AT 8:30 P. M. resumed at 8:40 P. M. The meeting PUBLIC HEARING A. Consider request submitted by Cormac C. Conahan, Esquire, for Boynton-JCP Associates, Ltd., and the Lake Worth Drainage District, to annex a 6.92 acre tract of land and an abutting 85 foot wide canal right-of-way (2,787 acres). This property is located on Javert Street at Boynton (C-16) Canal, southeast corner. (Boynton Beach Mall - Annexation .................... TABLED This item remained on the table. B. Boynton Beach Boulevard Urban Design Study Mayor Cassandra wanted to again reconfirm that no decision has been made to date, regardless of what they read in the newspaper. No plan has been formulated and nothing has been done other than ideas have been presented to the people involved on Boynton Beach Boulevard, and they have voiced their opinions about it, as well as Urban Design has followed through on what they were charged to do as far as recommended usage possibilities for Boynton Beach Boulevard. If Urban Design had not come up with what they came up with, the ~eople would not be here to voice their concerns, so that has been a positive direction. Mayor Cassandra continued by saying the discussions and interests of certain people on the Commission was for a landscape concept on Boynton Beach Boulevard. No one said what that concept will constitute. What came up was one of a recommendation, which was a greenbelt concept. When you talk about a greenbelt concept in its truest sense, Mayor Cassandra said a lot of homes will be affected in that particular area, but it was a concept that was proposed but neither voted on or finalized. -15- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 Mayor Cassandra stated that the City had the workshops to make people aware of it, and there have meetings with the Commission and people to make the people aware of a vision for the City's only entrance to the City, east and west, from the Florida Turnpike to U. S. 1. He did not want any derogatory comments about Urban Design Studio. Mayor Cassandra explained. Mayor Cassandra had meetings with City Manager Cheney and with owners from the south side and the shopping center where the Latin American grocercy store is on the north side. They had concern and recommendations, but they all agreed Boynton Beach Boulevard should be beautiful. Their concern was, "How?" Mayor Cassandra said they are willing to improve their areas and to put money into it. Based upon that, instead of a greenbelt concept, Mayor Cassandra asked the Commission to consider going towards a special usage in that area of construction and developing something that can be developed on 125 feet with special Codes for the Boynton Beach area of concern from 1-95 east to U. S. 1. He wondered if they could develop something where there will be no parking in front of the buildings. The front of the buildings would be landscaped, and parking would be in between buildings. If they can control the landscaping in front of the buildings and give special consideration to setback requirements, which obviously would have to change, then Mayor Cassandra said they would have their landscaped front, which might be 20 feet. It would be controlled by the City as far as what would go there in the sense that there would be consistency. Mayor Cassandra explained. Mayor Cassandra said this way, everyone concerned about the loss of their property, which everyone thought would happen and which will not happen tomorrow, (nor will this idea happen tomorrow), they will end up giving the business community that is there a chance to do what they said to him they are willing to do (meet the City halfway, landscape their fronts, construct and improve their buildings.) Mayor Cassandra emphasized that this will still need the Commission's approval. If they can develop the area with the landscape idea in front of the buildings, he said the City will have the type of projection that will be presented tonight, and the public will have time to talk about it at public hearings. The FP&L light poles would be moved away from Boynton Beach Boulevard and put in the rear setbacks, -16- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 and Mayor Cassandra said they could still have the proposed concept, but not 125 feet deep. Mayor Cassandra recommended this special usage concept to the Commission with the requirement of frontage landscaping and removing parking from the front of buildings. He thought that would help out this approach. Mayor Cassandra addressed the comments made by the Chamber of Commerce that appeared in the newspaper and commented that he knew some words were left out. He could not visualize not doing Boynton Beach Boulevard until the down- town is developed. Until the downtown is developed, he asked if that meant the City is to have another eye sore. Mayor Cassandra could not accept that type of vision. He could not say to not do one until the other one was developed because the other one will never materialize, and that would mean Boynton Beach would not materialize. After explaining, Mayor Cassandra again emphasized that no plan had been approved and if the Commission would agrees with what he just suggested, it would involve again going back to the drawing board, which will mean more discussion with the people. He repeated that no plan had been developed, which was why they were having the hearing tonight. Commissioner Mann pointed out that the minutes of November 5, 1987 talked about the approved Urban Design plan. He asked if he was to presume that it was not approved. Mayor Cassandra did not recall anyone voting on the plan, and he told Commissioner Mann that he had the right to say there was an error in the minutes and to correct them. Commissioner Mann recommended that the minutes be corrected. Vice Mayor Marchese interjected that there is a rumor that the Commission recommended that the post office be torn down, and he assured the audience that the Commission has not made any such recommendation. There were further comments. Presentation by Jo Ellen Lesinger, Urban Design Studio Ms. Lesinger introduced Jeff Bessler, who prepared all of the graphics. To clarify what happened on November 5th, she said everyone had agreed that was the direction that they wanted to pursue and look into further with some -17- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 amendments that were agreed upon that night. She guessed it was not a formal adoption but just a direction. Ms. Lesinger said Urban Design was hired to prepare a vision for the Boulevard's future, which is a very difficult task and were not asked to come in and provide landscape plans of how they might beautify it. They were asked to look at redevelopment issues, and Urban Design has taken that mandate very seriously in every plan that they have prepared. It has not been just one plan but many, many variations in each of those. For those who were concerned about the redevelop- ment that was suggested, Ms. Lesinger said it was a mandate of the Commission that Urban Design look at those. Ms. Lesinger said they have proposed an agressive plan and one that recognizes that Boynton Beach's population will triple in the next 30 years. Boynton Beach is the third fastest growing City in the County, and it must be prepared for this growth. Ms. Lesinger expounded and then said they have to consider everybody's concerns and come up with a plan that meets the majority. She said they would need the cooperation of not just the public sector and their interest in the project but the private sector. The two working together will implement any plan that they come up with. Ms. Lesinger said the problem Urban Design is having now with trying to beautify the Boulevard is that there is so much asphalt right next to the curb side. You cannot plant trees in asphalt where you have parking lots that require turning movements. Ms. Lesinger asked how you solve that kind of problem. One is to remove it and one is to redesign the configuration of the lot. Ms. Lesinger said Urban Design dealt with both of those approaches. Ms. Lesinger said the plan presented at the last hearings was supported by their Traffic and Economic Consultants in terms of feasibility. Anything that wants to be done can be done, and she said there are implementation and funding measures. It would take the City's commitment and public support to do it. Ms. Lesinger stressed that Urban Design has to find out what the City wants to do. The goal of the plan is to create a major gateway into the City and to create a positive identity everyone can be proud of. Ms. Lesinger explained and added that they want to tie these efforts into the similar efforts that are going on downtown in the community redevelopment area. In preparing their plan, Ms. Lesinger apprised everyone that they had to deal with an assumption that the Boulevard east -18- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 of 1-95 would be limited to a four lane, not six lane, section, and she said therein lies the origination of the greenbelt idea and the flexible measure for expanding the road some day. She explained that all the Commission wants are four lanes, which is a good approach if they are going to be conservative with capital expenditures. West of 1-95, Ms. Lesinger said the City is taking a conservative approach and dealing with mainly planting measures to beautify the Boulevard, and she explained. East of 1-95, it was decided they would get into more of a hard- scape type of treatment, where they dealt with sidewalks, paving systems, street lights, benches, etc. Graphics illustrated how the Boulevard looks now and also showed the vision of how it might look east of 1-95, and Ms. Lesinger elucidated. Mayor Cassandra said a five minute break would be taken after the presentation so that the audience could look at the graphics. Ms. Lesinger called attention to a series of photo boards, which documented the entire Boulevard with numbers that were keyed to the plan so people would know where their properties fell in relationship to the proposed plan. Ms. Lesinger stressed that the Boulevard is not the downtown. She heard comments to that effect and emphasized that it was a total misconception and that downtown is downtown, east of the railroad track. The Boulevard is a corridor or gateway into the downtown. Ms. Lesinger said Urban Design identified eight districts along the Boulevard which take on either a commercial or residential character. After explaining, she said they would propose Palms that would allow visibility of the signage for the merchants. They are proposing very dense native buffers for the residences facing the Boulevard. District 1, the Knuth intersection, is a small commercial mode. District 2 is a residential buffer district where existing residential is to the south and to the north is the 55 acre Winchester piece, which is presently designated as Commercial potential on the Comprehensive Plan. Urban Design suggested that the Commission strongly look at limit- ing that to High Density Residential with the possibility for some Commercial to make sure they have limited curb cuts and a dense residential buffer along the Boulevard that will complement the other side to the south. Also, the new County performance standards might mandate a more limited use there anyway. -19- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 District 3 is the Congress Avenue Commercial district that Ms. Lesinger said is well established. Not much needs to be done there outside of planting. District 4 is another Residential buffer zone district along Leisureville complemented by the 18 acre R-3 parcel that the Commission recently made a policy to keep as Residential. To comple- ment that, Urban Design proposed that someone should look at converting the areas in orange from Commercial to Residential and consolidating it with the R-2 zoning behind it to make a strong Residential buffer statement along that end of the Boulevard. An advantage of doing that is that as you drive into town, you are not bombarded with signs and commercial facades, and Ms. Lesinger elaborated. Ms. Lesinger said Urban Design calls District 5 their 1-95 transitional zone. Basically, it is in a ramp situation going up and down. The major proposal there is to include treatments along the rights-of-way and 1-95, and those land- scape treatments can be worked out with the Department of Transportation (DOT). Ms. Lesinger suggested native plant- ing there, and she explained. Ms. Lesinger called the Greenbelt Redevelopment District the controversial area. She presented a plan which she emphasized was an idea for everyone to look at, and she elucidated. Ms. Lesinger said the proposal for the redevelopment area to the north is for a mixed use with Residential above Commercial. The bottom could be a mix of office and/or retail. The Residential use could be elderly or special use housing. Ms. Lesinger stated that it would take further study to determine what might be there. Ms. Lesinger informed everyone that the greenbelt to the south is the existing C-2 zone, and it does not intrude any farther to the south. It is just a one half block depth into the existing Commercial uses that are there. Right now, a majority of them are converted single family homes, and there are a few strip developments. With the character they have now (parking in the front and hardly any landscaping), Ms. Lesinger stated that they are very inappropriate for a major gateway to the City. The whole image is inappropriate. Ms. Lesinger continued by saying the redevelopment area to the north, in red, would be required by the guidelines to have certain formats, such as parking in the rear. She explained. Ms. Lesinger said they are proposing Washington Palms the full length of the Boulevard east of 1-95, and she expounded. -20- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 Ms. Lesinger apprised everyone that the area to the north has been proposed a full block back and intrudes into an area that has a very strange road layout with a lot of hazards. It is a deteriorated area in terms of housing. The area to the south of the greenbelt recognizes that there is a neighborhood that is very viable and strong adjacent to it. This is an attempt to strengthen that neighborhood and to protect it from development intrusion that might happen. Farther to the east is area 7 (the public service center), and Ms. Lesinger said uses that would relate to the govern- ment center (attorneys, real estate, and professional offices) are proposed as opposed to the mixed use character in the red area. A park is proposed to be in front of City Hall. She informed Mayor Cassandra that the yellow is close to 280 feet. The 1/2 block is about 135 feet in the green- belt. Mayor Cassandra wanted the audience to have a feeling for the depth. Ms. Lesinger continued to explain the plan and elaborated on the uses and advantages of the greenbelt. Ms. Lesinger acknowledged that people are having trouble grappling with the idea of the plan because of the depth of the greenbelt. The Commission voted to keep the Boulevard four lanes, but she stressed that it may indeed someday go to six lanes, and that will be an option everyone will have to deal with in the future. Ms. Lesinger advised that the City has to take the initiative and a lot of action, which can initiate other things happening. The City cannot wait for businesses and developers to come in and make the plan work. Ms. Lesinger noted that there had been concern about possible activities happening in a greenbelt such as this, and she assured the people that a greenbelt that is flat with nothing but Cocoanut Palms and flat grass with a wall and hedge to protect the neighborhood behind it would be much easier to surveil by Policemen, particularly if it was properly lighted. There was also concern that Urban Design was wiping out the tremendous Commercial area. Ms. Lesinger said if they would look at what is there, they would see a bunch of single family homes with minimal square footage compared to the rest of the downtowns, especially out west. Even along the Boulevard, it is a minimum of square footage. Ms. Lesinger brought out the fact that their proposal greatly increases the square footage of Commercial if they include the redevelopment parcel to the north. -21- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 Ms. Lesinger emphasized that the plan does a major thing to the Boulevard. It limits curb cuts and turning movements. It creates a median down the middle of the street with Palm trees. Ms. Lesinger clarified her statements and went into more detail. The pedestrian activity in this proposal would be concen- trated mainly in the redevelopment area (red and yellow) along the street fronts. Ms. Lesinger said it would probably not be as heavy a type of pedestrian activity as they might expect in the downtown, but there will be significant traffic going from storefront to storefront. She asked that everyone remember that there would have to be access from the rear because they are proposing that' all of the parking be in the rear. Options 1. Ms. Lesinger explained the various plans displayed. When they get to thinking about alternatives to this plan, Ms. Lesinger said one idea would be no redevelopment at all but only the City initiated landscaping along the Boulevard. She stated that would be very difficult to do with all of the asphalt that is in the way. They would have to work out incentives with the owners to improve parking and arrange- ments of configuration and landscaping. They would get into retroactive landscaping and parking and in many cases, they would possibly be forcing some owners to do these improve- ments. It would necessarily be an easy thing for the City to do. 2. Ms. Lesinger said another alternative would be to have full block depth like Urban Design proposed on the north side. The problem there would be that they ~would impact a viable neighborhood and would be providing a lot more square footage of Commercial that neither the traffic nor the eco- nomic absorption for the City could handle. 3. Another option was what the Mayor was alluding to. It was where there would be a special Commercial zone. The idea behind this is to keep the structure of the plan that everyone just saw intact. The redevelopment proposal to the north would remain virtually the same with a little bit of change in circulation. The major change would be pro- viding for restricting uses to occur in the greenbelt. They would be guided by develiopment guidelines in such a way to mandate that 25 feet of igreenbelt be left along the Boule- vard, which would give an opportunitY for the Palms to be put in and sodded. This would also be on the bypass. -22- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 One potential would be that the City could go ahead and buy up the greenbelt land, as had been discussed before, but it would be less expensive in terms of the City getting more back for its money. The City can buy up uses and become landlord and schedule a lease back situation. They can rehabilitate certain buildings, as Urban Design has shown, and redevelop certain areas where it was felt it was not appropriate for a building to be left. Ms. Lesinger said the plan shows that all parking should be put to the rear, at least in the middle two block area, and she indicated where a compromise has been worked out. In terms of uses that were thought about, an idea was that they could make a greenbelt market and have very small stores almost in a gazebo kind of character in a greenbelt such as produce, flowers, grocercies, ice cream, candy, a meat market, etc. Other uses that could be considered would be book stores, art studios and galleries, coins, and things that would lend themselves to display. Ms. Lesinger explained. Ms. Lesinger informed everyone that almost every building on the plan before them has been preserved. They had to take out just a couple of buildings to get the parking to work in the rear. Approach to Plan Ms. Lesinger stated that an approach to the plan would be for the City to provide incentives to the owners to improve their parking lots (consolidate them, and pull them back off of the streets), improve their plantings, facades, and to provide that 25 foot greenbelt, based on guidelines that Urban Design would prepare. The City can provide loans to owners, design fees to pay for the redesign of facades and landscape improvements, and they can even get into buying selected properties that they may see need help in getting going. The City could set up a network to help merchants and owners get in touch with qualified designers. Ms. Lesinger pointed out that obviously, the merchants and owners must cooperate to make this happen. If they do, it will mean nothing but a net gain for everybody. Plan Ms. Lesinger explained that the plan proposes a similar layout as the one before in terms of trying to limit curb cuts. The plan before, where they saw the greenbelt with no -23- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 uses in it, obviously limited curb cuts more but, by reconfiguring parking lots and their access, Urban Design was able to limit the curb cuts to just a few. Ms. Lesinger indicated one at N. W. 1st Street and said no curb cut is necessary for the entire length, except what is there at N. W. 2nd Street, which has been slightly realigned. When you get to N. W. 3rd Street, at the Holiday Inn, parking spaces for two buildings have been consolidated with one curb cut. The proposal also showed where the Holiday Inn parking lot could be expanded to what is now very small residential homes that actually access across a vacant lot to get to their homes. Ms. Lesinger.,explained. Ms. Lesinger showed a large blowup of a middle block, between N. W. 2nd and 3rd Streets. There were virtually no curb cuts along the entire length of the block, which enabled Urban Design to get the planting effect on either side. All access was behind and parking was off of a driveway with a sidewalk along it to access the rear of the building. Ms. Lesinger said this type of design would require that both sides of the building look alike because the major access will be from the parking lot, but the public front is on the street. Ms. Lesinger indicated the location of the Texaco station and proposed that it was an inappropriate use, particularly with the type of traffic movements that have to happen in that kind of station. Mr. Hester remarked that the station had just been changed. If that was the case, Ms. Lesinger commented that it might possibly be able to stay. If a use there was inappropriate, Ms. Lesinger said they were just showing in the development scenario how a small outdoor cafe or ice cream shop type of thing or uses to enjoy the green- belt could be developed. She elaborated and further explained the plan. Ms. Lesinger indicated the location of a house that would have to be taken out to get the parking count and said that would help create the greenbelt image they were trying to show the Commission, where there would be uses within a park. Mayor Cassandra announced that this was a public hearing, and there were people who wished to speak. Earl Waters, 416 N. W. 1st Avenue, stated that the taxpayers are wondering what the project is all about. The only one -24- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 that he could see that would gain anything from the project would be the owner of the Holiday Inn. They need a place where they can park 60 foot tractor trailers. By allowing them to declare the property on N. W. let Avenue as Commercial, it will allow them to supersede the Planning and Zoning (P&Z) Board, and it will allow the Holiday Inn to determine that N. W. let Avenue is now Commercial. Mr. Waters was opposed to that. The P&Z Board would never allow it. Mr. Waters was told that very recently, the owner of the Holiday Inn bought two lots on N. W. let Avenue because he figured he could turn them into Commercial too. Then he will have a great big Commercial place for trucks, and he can put in a diesel pumping station. Mr. Waters was also against putting little shops in there. He alluded to Ms. Lesinger and assumed that she was to work for the taxpayers, who are footing the $20,000 bill, and said she was not serving the taxpayers but big business. Mr. Waters was in opposition to the street, and he quoted a Member of the P&Z Board as saying it was a total waste of money. There was applause. Valerie K. Brooks, 434 N. W. let Avenue, was speaking for the group in the 400 block of N. W. let Avenue and Ocean Avenue, and their Crime Watch group. She has spoken before and stated that it is a lovely project with many advantages. However, the greenbelt and the expansion of the Holiday Inn parking lot were very offensive to her group. They went to the P&Z Board. Msl Brooks' group did their own survey of the Holiday Inn parking lot, and she emphasized that it is never filled. The Holiday Inn does not need an expanded parking lot. They bought that property and also the lot, which Ms. Brooks' group is concerned about, because it has been a Residential area. Ms. Brooks called Ms. Lesinger's attention to Gateway Centre and asked how many different restaurants have been there. She questioned how many more stores the City could put in and called attention to the need for homes and schools. Ms. Brooks said her group is the people that go to the church, walk to the library, and support the community center, and she said Ms. Lesinger was trying to put every- body out. Ms. Brooks was pleading for help and begged the Commission to consider what her group is living with. -25- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON-BEACH, FLORIDA DECEMBER 1, 1987 Mayor Cassandra missed the point because he had been told by the Commercial people that they were being thrown out. Ms. Brooks was saying not to put them in. Mayor Cassandra said the Holiday Inn was the furtherest thing from this mind at the.present time. Ms. Brooks argued that it was a concern because it was on the drawing. Mayor Cassandra advised that it was a statement made by Ms. Lesinger. Nothing had been said or approved that the Holiday Inn could do anything. Mayor Cassandra informed Ms. Brooks that the Holiday Inn is zoned Commercial and they were talking about the front of the Holiday Inn. The back had not been touched at all. The recommendation was not to touch 1st Avenue. Ms. Brooks noted that Ms. Brooks said a drive through is coming through N. W. 1st Avenue. On the original plan, there was not to be a drive and exit at any time on N. W. 1st Avenue. Mayor Cassandra advised that there is not one and nothing is recommended there. There were further comments. Ms. Brooks again referred to shops on the greenbelt area on Boynton Beach Boulevard. Unless they change the whole zoning of Boynton Beach Boulevard, Mayor Cassandra said if anyone wants to build there right now, the City could not stop them unless the Commission rezones that Commercial area to Residential. He further explained. Ms. Brooks asked about the light poles that would be put back on N. W. 1st Avenue. Mayor Cassandra clarified that they would be on a setback between 1st Avenue and Ocean Avenue. There would be no lights in the poles, just electricity. Mayor Cassandra assured Ms. Brooks that the Commission said not to touch or rezone N. W. 1st Avenue, and he expounded. Mike Agnello, 4012 Shell Drake Lane, owner of 332 West Boynton Beach Boulevard, spoke on behalf of over a dozen property owners on Boynton Beach Boulevard and said they were in agreement that Boynton Beach Boulevard should be improved, but their group was opposed to the greenbelt for the following reasons: 1. The request for the City's use of tax dollars to acquire valuable commercial property for a greenbelt area, which would not only include the price to purchase the property but legal fees, appraisals, relocation costs, additional design costs, and loss of tax 'revenues from acquired properties, the cost of implementation of the greenbelt area, and the cost of maintenance and security, including lighting. -26- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 2. There are other options to the greenbelt development district proposal, which were mentioned this evening. As property owners, Mr. Agnello said they would like to develop and improve their property to an established, up- graded and consistent plan, and they wanted the Commission's cooperation to work with them to maximize the developmental use of their property. In many situations, two and three owners own an entire block, which would be adequate for development. 3. They were in favor of the suggested aesthetic improvements for the Boulevard, including shrubbery, trees, etc. and wanted to be a part of the enhanced image for Boynton Beach. 4. They'wished the Commission to consider lifting the mora- torium, if not immediately, soon upon agreement with a consistent plan incorporating all of their Commercial property so that no more financial hardships will be incurred due to the loss of rental income and tenant un- certainty and that both sides of Boynton Beach Boulevard can participate in the new development district for the enhanced beautification of Boynton Beach. Mr. Agnello believed the existing proposal could be modified to incorporate both sides of Boynton Beach Boulevard, where- by Urban Design's proposal would not be shot down completely and invested tax dollars in the community would not be wasted but enhanced by the community's involvement and willingness to participate in the redevelopment of the area. His group did not want to lose the enthusiasm and interest in improving Boynton Beach Boulevard. Mr. Agnello presented the Commission with a list of 14 property owners who are in strong opposition to the proposed changes to the north and south side of Boynton Beach Boule- vard. Said list is attached to the original copy of these minutes in the Office of the City Clerk. Mayor Cassandra stated that Mr. Agnello and three or four other people were the ones he had met with. When he made his earlier presentation about the commercial group that was concerned in investing in the landscape concept, Mr. Agnello was one of the gentlemen he was talking about. Mr. Melaneese was the other gentleman on the north side. Through meeting with these people and a private owner three weeks ago, Mayor Cassandra thought of his idea. The goal of landscaping in front was still the aim. -27- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 Mayor Cassandra told Ms. Brooks this was the other side of the coin. (Don't get rid of the Commercial property.) Obviously, a happy medium had to be drawn between the two. Calvin Cearley, 7105 Mahogany Bay, representing the Chamber of Commerce, wanted to reserve the Chamber of Commerce's comment until he had been given a chance to look at the plan. Mayor Cassandra replied that it would have to be at another meeting because he did not foresee any action tonight. He also wanted to look at the plan, and he explained that this was something new, and he did not want to react to something that he also would see tonight. Mr. Cearley said the Chamber of Commerce wanted to give a prepared statement but after Mayor Cassandra's comments concerning the greenbelt, it might be appropriate for them to revisit the plan. The Chamber of Commerce was not in complete agreement with this program because their Chamber is made up of many members in the CBD. The CBD redevelop- ment has not taken off as hoped for. Generally, the feeling is that if business development moves on the north side of Boynton Beach Boulevard, it will pull away from the downtown CBD. A lot of buildings on the north side of Federal High- way have already been boarded up and abandoned. If that moves south towards Ocean Avenue because people are moving out to go to Boynton Beach Boulevard, Mr. Cearley said it will hurt the downtown CBD redevelopment. Mr. Cearley stated that the Chamber feels the plan should encompass the downtown CBD along with this plan. They were opposed to the business section going in on the north side because they thought that would pull the private money investors and developers from investing downtown. They will go to the Boulevard. The Chamber thinks the destination of the Boulevard should be as pretty and attractive as the route. Mayor Cassandra agreed with Mr. Cearley and added that there was no disagreement. The only concern he had was whether the City should stop one project in lieu of the other project. Mayor Cassandra was concerned that the City would have two white elephants, and he was trying to improve both of them. Mayor Cassandra was hoping that Craig Livingston, Architect, would give them some good news in the near future about down- town development. He hoped that it would be in a week or so. THE COMMISSION TOOK A BREAK AT 9:40 P. M. reconvened at 9:53 P. M. The meeting -28- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 Mayor Cassandra could not get near the plan during the break because of all of the people, and he asked if Ms. Lesinger would leave it here. Ms. Lesinger replied that she would send a print. Mayor Cassandra suggested, if the Commission agreed, that Urban Design bring the special usage concept back so they could look at it and follow it more thoroughly. Mayor Cassandra felt it might be a more feasible way to go, and it would not hurt the businesses. During the break, the businesses commented this was definitely something they would work with, and they liked the idea of it. It would not defeat the purpose of the landscape approach they had in the g,ateway to the City. The Chamber of Commerce's repre- sentative wanted a chance to look at it and comment. City Manager Cheney pointed out that the Commission has a Community Redevelopment Agency (CRA) meeting on Monday, January 4, 1988, and he asked why they could not have the CRA meeting at 7:30 P. M. and continue with this at 8:30 P. M. Mayor Cassandra asked Ms. Lesinger if any further review was necessary to update what was presented. He wondered if she wanted to hear comments from the Commissioners. Commissioner Zibelli felt.~his was more in line with what she was thinking at the beginning because it will not hurt businesses and it will be beautification. Ms. Lesinger asked her to recognize that a couple of things will have to be removed to make it feasible. Commissioner Zibelli responded that this was more of a general concept and they would still have time to talk about it. Commissioner Hester asked what might change, and he questioned whether it would be buildings that would be removed. Ms. Lesinger answered affirmatively and pointed them out. One was a two story stucco residence, which was 944 on the plan. That should be removed, and they would have to work out a deal with all of the owners to get that to happen and to take parking off of the street. Behind #43, which is a strip commercial center, there is a resi- dence, and the residence next to it will have to be removed to get that whole block to work. Mayor Cassandra asked if there were no other combinations for the block to work. Ms. Lesinger answered that they would have to get rid of that residence to get it to work. There was discussion about the residences and Ms. Lesinger said they are trying to set up uses within a park atmosphere. If little buildings are crammed in next to each other, it will not serve. -29- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 Ms. Lesinger was told the Texaco station was recently beautified, and she said it could possibly stay there, and they could look carefully at the way the circulation works. They are suggesting a signal at that intersection, which will allow left turn movements that will work well with a service station there. Ms. Lesinger explained how they would allow a median to happen. Commissioner Hester asked if the plan included shrubbery down the center of Boynton Beach Boulevard. Ms. Lesinger answered that it would not be low shrubbery but would be just sod and-Palm trees for clear visibility. They are still sticking by their suggestion for Washington Palms down the Boulevard, even though people are concerned. Ms. Lesinger submitted that there are times when you do something special, and after explaining, she said the native look is not appropriate down a formal boulevard. Ms. Lesinger further explained the plan and mentioned that the post office would eliminate parallel parking on two sides and have only one access. She was told by some concerned citizens that there might not be enough parking spaces, and she said they would have to study that. Mayor Cassandra informed her that the parallel parking spaces that are there are definitely filled all of the time. Ms. Lesinger pOinted out that if the building was reconfigured, the front access could be from what is the back of the building now. She knew loading was there now but stated that it could be studied. Ms. Lesinger also brought out that the landscaping could be tied into City Hall. Commissioner Mann told of going to the City Manager's office at 10:00 A. M. this morning to ask if there was any addi- tional information on this project and was advised that Urban Design's office indicated there were no further changes and no more material available. Yet, not eight hours later, he saw an entirely new plan had been executed. Ms. Lesinger apprised him that he was looking at two people who stayed up all night. Commissioner Mann expressed that he was delighted to see the new plan and he liked what he saw. There were further comments. Commissioner Mann stated that this was what the Commission had been asking for for some time, and he stressed that they should not bother 51 businesses. He thought they could work with this plan, and he congratulated Ms. Lesinger on a good job. -30- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 If they were going to ask the Consultant to look at another derivation, City Manager Cheney thought that the City would have to say to Urban Design that it was to them to design some guidelines and also time for the City to consider its contractual relationship with the Consultant. He thought the City had to open the door for a review of their contrac- tual relationship. City Manager Cheney reminded them that when they did the downtown, they developed guidelines to go with that plan. When the moratorium goes off, City Manager Cheney said they will need guidelines and will have to consider opening up negotiations with the Consultant again. Mayor Cassandra reenforced that because if they would develop the special uses concept, there would be no need for a moratorium. If the people tonight could be told tonight the Commission was agreeable to going with the special uses concept, there would be no need to maintain a moratorium. Because of the moratorium, some people have been concerned. They cannot get new businesses to come in, not knowing what will happen. If the Commission was agreeable to going along with this concept, Mayor Cassandra saw no reason to approve the moratorium. Ms. Lesinger wanted everyone to understand that north of the Boulevard, the redevelopment proposals that were suggested all along wOuld remain virtually the same with a little bit of change in circulation. Mayor Cassandra noted that no one would be hurt there because they were not changing that Commercial area. They are expanding the depth so that if they want to do more, they can if money ever came into that area. Ms. Lesinger stated that they would merely set the zoning mechanism into place for anyone to make that option if they wanted to in the future, and it would probably be down the road. Mayor Cassandra gathered from the Commission that the direc- tion to go was to talk about guidelines so people will know what the City is doing, and he referred to the City Manager's recommendation that the Commission address tonight the possi- bility of renewing Urban Design's contract and seeing what extra compensation would be required to finalize this. Vice Mayor Marchese congratulated Ms. Lesinger on her plan because it met the criteria the Commission wanted. It will not hurt any businesses, and the City can do something about the moratorium. It also showed progress. Vice Mayor -31- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 Marchese elaborated, and he wished to make a motion. Mayor Cassandra did not want the Commission to approve anything until they could see a final product. Mayor Cassandra said Ms. Lesinger or Urban Design should be directed to proceed with the last presentation, finalize it, and come out with a design concept. The City Manager should discuss the added dollars and cents. Commissioner Mann questioned whether the Consultant's input was needed for this, as he felt Carmen Annunziato could execute the guidelines, and he was not sure that the City would have to extend the contract. City Manager Cheney stated that he had to resist adding things to the Planning Department with all of the zonings and the Comprehensive Plan. He thought the City's dollars would be better spent for the Consultant. Commissioner Mann wished to end the moratorium within three months. Mayor Cassandra stated that they were going to end the moratorium immediately. Commissioner Mann stated there was no problem. It was the consensus of opinion of the Commission to proceed. City Manager Cheney asked Ms. Lesinger if she could meet with the Commission on January 4, 1988. They could meet as the CRA and then meet as the City Commission. Ms. Lesinger asked what the Commission was expecting to see on that date. City Manager Cheney answered that they wanted to see as much of the drafted guidelines as she could have and a refinement of this plan so they will end up towards moving down the road with it. Before putting effort into the guidelines, Ms. Lesinger wanted to be sure this was the direction in which the Commission wanted to go. The Commission assured her it was. Ms. Lesinger wanted to be sure because guide- lines are tailored differently for every type of development approach. There were further comments. It was decided they would meet on January 4, 1988. A man in the audience asked if the moratorium was lifted. Mayor Cassandra requested that he stay at the meeting. DEVELOPMENT PLANS A. Consider request submitted by Luther L. Eubanks, Agent for Douglas J. Love, M. D., for a variance to the mora- torium on new construction or substantial renovation of buildings on Boyntan Beach Boulevard and site plan -32- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 approval, for the purpose of converting a former builders supply business/office (Ridgeway Plumbing) to a medical office/orthopedic facility consisting of 3,000 square feet of floor space. This project is located at the southeast corner of East Boynton Beach Boulevard and N. E. 1st Street ................. TABLED B. Consider request submitted by Luther L. Eubanks, Agent for Douglas J. Love, M. D., for a variance to Sections 5-142(f) "Drainage", 5-142(h)(3) "Driveways", 5-142(h)(4) "Back-up Space", and 5-142(i)(2) "Maneuvering" of the Parking Lot Regulations. This project is located at the southeast corner of East Boynton Beach Boulevard and N. E. 1st Street .................. TABLED Commissioner Hester, seconded by Commissioner Mann, to remove these items from the table. Motion carried 5-0. At the last meeting, when these were put on the table, City Manager Cheney said the City was asked to meet with the Architect and see what possibilities there were to see if they could make something work for Dr. Love. They met, and there appeared to be two suggestions that might help. One suggestion included the possibility of Dr. Love getting the nursery school behind him to agree to the abandonment of the alley behind Dr. Love's property and to then agree that the half of the alley that would then be owned by the nur- sery school be sold or transferred to Dr. Love. The addi- tional 20 feet Dr. Love will have plus the 31 feet he now has will make a total of 51 feet, and there will be a chance for nine parking spaces and landscaping, etc. There would be no parking on the fire station's side (lst Street). City Manager Cheney stated that proposal might work, and he explained that until you draw a proposal out, you do not know if it will work. It might reduce the parking variances from the point of view of numbers and make it somewhat acceptable. City Manager Cheney stated that Mr. Eubanks suggested another way to solve the problem would be to remove some of the usable square footage on the south end of the building and possibly convert it to some covered parking places. That would, therefore, reduce the square footage he needs to match the parking and would adjust the number of parking spaces. It would give some to covered parking and would help equate the balance of medical and parking. -33- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 City Manager Cheney pointed out that this corner, as it sits today, is not workable as a medical facility because of all of the traffic and the people, so it needs changes. That will take time and site plan review. City Manager Cheney suggested that maybe the things before the Commission should be denied because they were not workable, and the applicant could come in with a revised site plan, which could go through the process. He believed Dr. Love would tell the Commission that he has a rental problem at his current office, so it was important to move this along from Dr. Love's point of view. Mayor Cassandra thought there was another direction the Commission should give to Mr. Eubanks and Dr. Love. If they go back and do everything that the City staff recommended, he questioned whether it will be approved when they come back. He felt that direction also had to be addressed because it would be an "awful" expenditure on the applicant's part. Without having a specific plan in front of them, City Manager Cheney said there was a problem of the Commission making a commitment and the applicant spending money, based on a commitment and finding out that it did not work. City Manager Cheney expounded and then reminded the Commission that there is some speculation involved in any business decision you make when you invest in property, and the land was the speculation Dr. Love made. He commented further. Based on the City staff's conversation withqr. Eubanks, Mayor Cassandra questioned how long it would take Eubanks to get back to the City with a plan showing the recommendations. Mr. Annunziato answered that the process suggested to Mr. Eubanks this morning required an abandon- ment, which is a public hearing process. Generally, it is about 30 days prior to the second Tuesday of a month to accommodate the advertising which is necessary for abandon- ments. The next P&Z Board meeting is next Tuesday. To happen immediately, a full set of plans would have to be submitted plus abandonment applications and plus the con- currence of the property owner to the south just to make January. To make January would be not impossible but very difficult. *Should beMr. See 12/15'/87 Minutes. Mayor Cassandra asked if sixty days seemed better. Mr. Annunziato answered that plans are always easier to review if they are complete. If an incomplete set of plans is submitted, they will be faced with different kinds of problems. Mr. Annunziato informed Mayor Cassandra that no variances will be necessary. -34- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 Mayor Cassandra brought up the sidewalk question raised by one of the P&Z Board people. Mr. Annunziato replied that the plan discussed with Mr. Eubanks this morning would have no backing out into 1st Street. Sidewalks can be constructed where they would be constructed normally, and the rest would be landscaped. Parking would be behind the building. Mayor Cassandra thought that perhaps the City Manager's direction would be the way to go. The Commission would not approve what was before them now. Mayor Cassandra asked if the Commission felt any adverse effect to the proposal out- lined by the City Manager. Mr. Annunziato informed Commissioner Hester that the abandon- ment would only permit occupancy of the building for non- medical purposes because they would only pick up nine spaces, more or less. There would be some office uses that Dr. Love would not be permitted under that scenario. By constructing covered parking by removing square footage at the rear of the building, for every increment of building he removes and parking he adds, there is a double solution for the problem. Mr. Eubanks calculated it would work out to about 11 or 12 parking spaces. Mayor Cassandra noted that they would be limiting Dr. Love's expansion capabilities unless something would change. Commissioner Mann asked if the proposal was comfortable to the applicant. Mr. Eubanks answered affirmatively. Morton Goldstein, 130 N. E. 26th Avenue, was at the meeting this morning. He called and spoke on the phone to the owners of the day care separately. No agreement was made, and Mr. Goldstein elaborated on the conversation. He did not feel there should be any problem. Tom Shahady, Attorney at Law, 8055 West Oakland Park Boule- yard, Fort Lauderdale, appreciated what Mayor Cassandra said in giving them encouragement. He wanted to walk away, at least feeling, on behalf of Dr. Love, that if they get the abandonment and come back with plans that this will be re- ceived by the Commission and accepted at some future date. Based upon representations made to the applicant, and based upon the fact that Dr. Love thought he would be able to use his property, he went forward, spent the money and came before the Commission. They have been running into problems ever since Dr. Love bought the property. Attorney Shahady did not want to go through the abandonment process and acquire the ten feet that the adjoining property -35- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 owner has the right to, go through the plan review process, and then come in and find out they will not be received properly. That was the biggest concern they had. The only pitfalls Mayor Cassandra could see were the staff comments. He assumed that these obstacles had been discussed and possibly removed, including the concerns of Commissioner Zibelli about the Fire Department trucks backing out and the sidewalk concern. Mayor Cassandra thought it probably would be accepted, subject to staff comments. Mr. Eubanks asked if they could get a clarification of how to "short circuit" this. City Manager Cheney answered that they will have to know they will get the abandonment. Once they know that, there are applications to be filled out, and the City will set the hearings. They should go to the City and get the forms. Mr. Eubanks asked which items could be done simultaneously. Mr. Annunziato replied that they would be processed simultaneously. For the record, Mayor Cassandra needed the applicant's official removal of his request. Mr. Eubanks withdrew the requests. He asked whether they could keep the relief from moratorium. Mayor Cassandra answered, "No," and informed him that the Commission was going to act on the moratorium. Mr. Eubanks withdrew it. C. Consider request submitted by Kieran J. Kilday, Agent for Bethesda Memorial Hospital, Inc., for modification to the previously approved master plan for the Bethesda Hospital Planned Unit Development In connection with the approval of an office building at the north side of the entrance of the hospital, Mr. Annunziato said the hospital committed to setting aside 76 plus or minus parking spaces in the PUD portion of the hospital's property. The site plan for the office building was approved by the P&Z Board and the City Commission. The location for the parking lot was at the same location where the hospital PUD had located an office building. This was a request for an amendment to that master plan to allow for that parking to be located where it is proposed to be located, and there was a request that the Commission make a finding of no substan- tial change. In the future, that parking may move. As long as it remains consistent with the Zoning Code require- ments in terms of distance from the facility, it will remain lawful and would be subject to a unity of title for further purposes. -36- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 If the Commission finds that there is no substantial change, Mayor Cassandra questioned what would happen to the PUD. He wondered if that building was now completely deleted. The word "temporary" was used, which Mayor Cassandra felt meant that down the road they would make another area parking space. He asked if that building would automatically come back to the PUD. It seemed to Mr. Annunziato that the building and parking were both there. The parking is temporary at that location, but the 76 plus or minus parking spaces can float in that larger parking lot. It's a contractual agreement between the office builder and the hospital's district. If there is a decision to build the office building in the future, Mr. Annunziato stated that they will have to take that parking and assign 76 parking spaces somewhere else. It seemed to Mayor Cassandra that a decision should be made, as they are now changing this. When the applicant wants to come back and talk about a building, they will have to come back for a change to the master plan. It seemed to Mayor Cassandra that was the way to go, and he expressed that he could not approve something that is temporary on top of a building. Kieran J. Kilday, Architect/Planner, Kilday & Associates, 1551 Forum Place, Suite 100A, West Palm Beach, Florida 33401, stated that they recognize that they cannot have the building and the parking in the same place. In the event of a master plan, they have indicated that any future office building approval would require them to come back through the site plan review process. Mayor Cassandra had no problems then. Commissioner Zibelli moved to find no substantial change to the master plan, seconded by Commissioner Hester. Mayor Cassandra asked that the record reflect that if a building is built, the applicant will come back for site plan approval. The motion carried 5-0. LEGAL A. Ordinances - 2nd Readinq - PUBLIC HEARING 1. Proposed Ordinance No. 87-42 Re: Amendment to Noise Ordinance City Attorney Rea read Proposed Ordinance No. 87-42 on second and final reading by title only: -37- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15, OFFENSES - 'MISCELLANEOUS', ARTICLE I, 'IN GENERAL', BY CREATING A NEW SECTION 15-17, COMMERCIAL ESTABLISHMENTS; BY PROVIDNG FOR EMPLOYEES TO BE ON DUTY BETWEEN THE HOURS OF 10:00 P. M. and 7:00 A. M. AT CERTAIN COMMERCIAL ESTABLISHMENTS; BY PROVID- ING EXCEPTIONS; PROVIDING A GENERAL REPEALER CLAUSE; PROVID- ING FOR CODIFICATION; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Cassandra announced that this was a public hearing and some people wished to speak. Doris Richardson, 639 South Road, said her residence is a few houses behind Sunshine Car Wash, Federal Highway. The noise from the car wash is unbearable to the residents of Harbour Estates when the clients of the car wash turn on their high power radios. The neighborhood wished to request that the Commission solve their problem by insisting on a full-time attendant or Supervisor being present at all times. Ms. Richardson pointed out that it is the only business in town which is allowed to run without supervision. She added that it is a "booze and dope pit", evidenced by beer cans and syringes thrown over the fence. City Attorney Rea explained that an employee must be on duty between the hours of 10:00 P. M. and 7:00 A. M. at commer- cial establishments that abut residential districts. This is probably a first attempt to address problems that occur at commercial establishments during the late hours of the night. If this does not work, Mayor Cassandra was positive that the Commission would come back and change the hours. They thought the late and early morning hours created the biggest problems. Mayor Cassandra stated that the City will be tell- ing this owner that they will have to have someone on duty. City Attorney Rea added that the Ordinance will go into effect in sixty days after passage in order to allow people to comply. The Commission would have the authority to close down this establishment at certain hours, if they deem it necessary. Betty Hermmson, 622 South Road, thanked Commissioner Zibelli for being so helpful. She and her neighbors put up signs, but they did no good. They want the Ordinance amended more because someone on duty at nighttime will not solve the problem. Ms. Hermmson stressed that they want a full-time -38- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 attendant because it is bad, especially on the weekends. They were at a P&Z Board hearing last night on zoning, and Dr. Richardson explained it. Betty Hermmson commented on the beauty of the trees on Federal Highway, and she expounded. There was more discussion about the car wash. Ms. Hermmson knew of no business that is open 24 hours a day with nobody on duty. She thought it was ridiculous and why there were so many problems. Mayor Cassandra asked if anyone else wished to speak in favor or against the proposed Ordinance, and there was no response. THE PUBLIC HEARING WAS CLOSED. Commissioner Hester moved to approve proposed Ordinance No. 87-42 on second and final reading. Commissioner Zibelli seconded the motion. By having those signs put up on the inside of the car wash that say, "No loud honking", Commissioner Zibelli asked if anything could be done as far as the City enforcing them. City Attorney Rea said the City has problems with the Noise Ordinance because of the way it is written. It is a problem with the owner trying to control his patrons, which is what is so difficult to regulate. A roll call vote on the motion was taken by Mrs. Boroni: Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. 2. Proposed Ordinance No. 87-43 Re: Moratorium Extension City Attorney Rea read Proposed Ordinance No. 87-43 on second and final reading, by title only: "AN ORDINANCE OF THE CITY OF BOYlgTON BEACH, FLORIDA, AMEND- ING ORDINANCE NO. 87-10 BY EXTENDING A TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OR ALTERATION OF BUILDINGS AND STRUCTURES BETWEEN THE WESTERN BOUNDARY OF THE CENTRAL BUSINESS DISTRICT OF THIS CITY TO THE EASTERN BOUNDARY OF THE 1-95 CORRIDOR ALONG BOYNTON -39- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 BEACH BOULEVARD; BY AMENDING SECTION 4 OF SAID ORDINANCE TO EXCLUDE APPLICATION OF THE MORATORIUM WEST OF THE 1-95 CORRIDOR TO THE WESTERN CITY LIMIT; BY AMENDING SECTION 7 OF SAID ORDINANCE TO CONTINUE THIS MORATORIUM; PROVIDING FOR AUTOMATIC REPEAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Cassandra announced that this was a public hearing and anyone wishing to speak in favor or against the proposed Ordinance could do so now. There was no response. THE PUBLIC HEARING WAS CLOSED. Mayor Cassandra wished to make a recommendation to the Commission. He stated it would probably require a 4-1 vote, if that was the feeling of the Commission. Mayor Cassandra asked City Attorney Rea if it was not better to have an affirmative motion made and have it "knocked down" than to have a negative motion made with everyone in favor of it. City Attorney Rea advised that what Mayor Cassandra was talking about was probably rezoning. Commissioner Mann moved that proposed Ordinance No. 87-43 not be approved, seconded by Commissioner Zibelli. Mrs. Boroni took a roll call vote as follows: Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. Mayor Cassandra asked the people present to remember that the Commission was progressing on the special usage concept in the Boynton Beach Boulevard area. He expounded. A man in the audience brought up the fact that property that must be removed cannot be rented now. Mayor Cassandra did not see this happening tomorrow, but he thought those people should be made aware of what happened tonight. After explaining, he said there will be another meeting on January 4, 1988. Mayor Cassandra told the man who he should contact and said the moratorium was off. -40- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 3. Proposed Ordinance No. 87-46 Re: Require four Commission votes to amend City Comprehensive Plan City Attorney Rea read Proposed Ordinance No. 87-46 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING THAT A REFERENDUM ELECTION BE HELD TO AMEND THE CHARTER OF THE CITY, kS ADOPTED BY THE FLORIDA LEGISLATURE AND BEING KNOWN AS CHAPTER 67-1118, SPECIAL LAWS OF FLORIDA, TO PROVIDE THAT, IF APPROVED BY THE ELECTORS OF THE CITY OF BOYNTON BEACH, THE ABOVE REFERENCED CHARTER SHALL BE AMENDED AS FOLLOWS: BY AMENDING SECTION 24 OF THE CHARTER TO PROVIDE THAT AMENDMENTS TO THE CITY'S COMPREHEN- SIVE PLAN WHICH CHANGE THE USE OF LAND TO A COMMERCIAL CATEGORY SHALL BE ADOPTED BY THE AFFIRMATIVE VOTE OF NOT LESS THAN FOUR-FIFTHS OF THE CITY COMMISSION MEMBERSHIP; PROVIDING A BALLOT TITLE; PROVIDING THE OFFICIAL SUBSTANCE OF THE AMENDMENT TO BE PLACED ON THE BALLOT; DIRECTING THE CITY CLERK TO SUBMIT A CERTIFIED COPY OF THE ORDINANCE TO THE SUPERVISOR OF ELECTIONS; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Cassandra announced that this was a public hearing, and asked if anyone wished to speak in favor of the proposed Ordinance. There was no response. Mayor Cassandra asked if anyone wished to speak against the proposed Ordinance. If Owen A. Anderson, 2181S. W. 15th Avenue, 108N, understood correctly the thrust of this charter change, the Commission was selecting solely the change from Residential to Commercial for a super majority vote. If that proposal is good for the City, he asked why not make it for all changes. If it is good for one, it ought to be good for all. Mr. Anderson was speaking as an individual. Mr. Anderson did not propose that was good. His feeling was that if it was to be done that way, the Comprehensive Plan, for practical purposes, would be frozen for five years, allow- ing no changes, for it is extremely difficult to convince five Commissioners. If they freeze the Comprehensive Plan for five years, Mr. Anderson said it would give the Commis- sion no way at all for changing conditions and changing times. He did not think it was good City business and thought a majority, as it now stands, allows that freedom. Mr. Anderson urged the Commission not to approve this. Mayor Cassandra questioned Mr. Anderson's statement about all changes and asked if he was suggesting all land use changes. Mayor Cassandra explained. Mr. Anderson was -41- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 suggesting that any change in zoned land use should have a 4/5 vote. If it is good in one case, he stated that it ought to be good in all cases. Mayor Cassandra did not see the 4/5 problem occuring in areas other than Residential to Commercial. Mayor Cassandra explained that the problem a Commission has, no matter who they are, that goes through a political campaign of a 3-2 problem, always claims, "I'm the swing vote attitude," no matter who that person is. It was his opinion that land use changes should not be predicated on political pressure at the time of the mequest, which was why Mayor Cassandra favored the 4/5 concept. He did not see a problem from Residential to Residential. Mayor Cassandra thought Mr. Anderson was going to say what is good for development would be good for the City, but he did not agree that the City should have special consideration either on the land use change. He thought it should be consistent. Mr. Anderson was saying it should be consistent. Mayor Cassandra had not contemplated that type of thinking because he did not think a problem would occur, and he expressed his concern about the change from Residential to Commercial and explained. Mr. Anderson then spoke as Executive Vice President of the Greater Boynton Beach Chamber of Commerce and said they were worried about job creation and asked where the land is to put the jobs. He asked the Commission to look back at the E&A report, they are running out of M-1 land. When Quantum Park is built up, by their estimation in eight to ten years, no land will be set up for jobs. Mr. Anderson thought too much land had gone for Residential without the provisions for more land for jobs. Unless the tax base keeps expanding, the City will not have the base in Residential to pay the costs that are demanded. Mr. Anderson's concern was that there will come a time when the City will have to fight to get new land for job develop- ment. The Planning Department already talked about it in the E&A report. Mr. Anderson did not know what was coming out in the new Comprehensive Plan, but he thought there would be vast problems for the City. Mr. Anderson reiterated that he does not want a super majority vote. He did not feel that the Commission should be selective in what class it requires that kind of a vote and then go to a simple majority in the others. Mr. Anderson urged the Commission to be consistent. -42- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 Mayor Cassandra alluded to DeBartolo not being able to get Boynton Beach people to work there when the mall was being built. He knew of one other parcel in Oakwood Square that will be in front of the Commission to be changed from R-lA to Commercial. The other parcel is opposite Leisureville to be changed from R-3. What worries Mayor Cassandra is that in the near future, the City will have to change Resi- dential to Commercial. He did not know that it would happen, and he-expounded. Mayor Cassandra hated to think the City would become more than 50% Commercial. Mr. Anderson did not think the future of this City would lie in Commercial. After further discussion between Mr. Anderson and Mayor Cassandra, Mr. Anderson said that in M-1 zoning, encroachment by Residential has been allowed. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. Mayor Cassandra did not like the word "quorum" and thought the words "full Commission" should be put there. He reminded the Commission that Tradewinds came about when three people were on the Commission. Mayor Cassandra felt the idea of the City having special consideration for land use changes was inconsistent. If the City staff cannot convince the Commission that it is a necessary 4/5 vote, he stated he would be concerned about how important that change recommended by the staff would be, and he did not know if they would want a 3-2 vote there. Mayor Cassandra had no adverse feelings to the suggestion by Mr. Anderson that if they say it should be a 4/5 vote, it should be for any land use change. He asked City Attorney Rea if the Commission would have time to go through this all over again in first and second reading if they have to. City Attorney Rea answered that they would have enough time. After explaining, Mayor Cassandra said he did not think trying to change what was before the Commission was the way to go. He still felt strongly that they should go for the 4/5 concept when it came to land use changes, and he was not adverse to going 4/5 for the full Comprehensive Plan. When the elections come along, Mayor Cassandra felt the Commission has the problem of political pressure. If something is good, it will be approved, and if something will not be approved at a 3/2 or 4/5 vote. -43- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 Even with a 4/5 vote, Commissioner Zibelli voiced that it is still a political vote because the minority will rule the majority. She felt they were fortunate with this Commission because most of the Commission has been sitting most of the time. Commissioner Zibelli stated she would feel better staying with the majority vote but felt they should require a full Commission for anything super important. Otherwise, it should be tabled until the next full Commission meeting. Commissioner Mann was in favor of taking the word "quorum" out of the Ordinance and making it "full Commission", and he was in favor of a super majority vote. He hoped they could make these two amendments and approve the Ordinance tonight. Commissioner Hester was in favor of the 4/5 vote if they would take everything because he thought they would create less problems. He did not think they would get an adverse effect from the 4/5 vote. Even if the vote is 3/2, they still try to be political. Commissioner Hester commented that the majority is not always right either. Vice Mayor Marchese was in favor of the 4/5 vote. It seemed to Mayor Cassandra that there was a consensus for the 4/5 vote and consistency in the Code. City Attorney Rea directed attention to page 2 of the Ordi- nance. He thought certain aspects of the Ordinance addressed the Commission's concerns, but they could be less vague, and he referred to paragraph "(b)" on page 2, and read: "Except as otherwise provided, the affirmative vote of the majority of a quorum present shall be necessary to enact. . ." On page 3, City Attorney Rea said they actually have the "Except as otherwise provided," and he read from paragraph (c) "Ordinances which amend the Future Land Use Element. . He thought they could clear it up by saying, "It shall be adopted by the affirmative vote of not less than 4/5 of the full City Commission." City Attorney Rea asked if the Commission wanted all changes of land use categories. Mayor Cassandra felt the consensus seemed to be all for consistency. Right now, City Attorney Rea's recommendation was for the Commission to vote this down because the changes were quite significant. City Attorney Rea said the only question was the exception for the requirements in the Comprehensive Plan whith result 'from annexation of land for changes proposed by the City. -44- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 That was exempted right now. Vice Mayor Marchese and Commissioner Hester wanted annexations to also be 4/5. City Attorney Rea stated that paragraph (c) on page 3 would read, "Ordinances which amend the Future Land Use Element of the Comprehensive Plan." The rest of the paragraph would be deleted. Vice Mayor Marchese moved to DENY proposed Ordinance No. 87-46, seconded by Commissioner Mann. A roll call vote on the motion was taken by Mrs. Boroni: Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 87-47 - Van Hezewyk Tract Re: Land Use Amendment City Attorney Rea read proposed Ordinance No. 87-47 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY MEDIUM - MEDIUM HIGH RESIDENTIAL TO CITY OF BOYNTON BEACH LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Commissioner Hester moved, seconded by Commissioner Mann, to approve proposed Ordinance No. 87-47 on first reading. Mrs. Boroni took a roll call vote on the motion: Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Motion carried 5-0. - Aye - Aye - Aye - Aye -45- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 2. Proposed Ordinance No. 87-48 Re: Land Use Amendment - Knollwood Groves City Attorney Rea read proposed Ordinance No. 87-48 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANE- OUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN- AFTER: SAID LAND DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY MEDIUM - MEDIUM HIGH RESIDENTIAL TO CITY OF BOYNTON BEACH LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Commissioner Hester moved, seconded by Commissioner Zibelli, to approve proposed Ordinance No. 87-48 on first reading. Mrs. Boroni took a roll call vote on the motion: Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. 3. Proposed Ordinance No. 87-49 Re: Rezoning - Van Hezewyk Tract City Attorney Rea read proposed Ordinance No. 87-49 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE AS PLANNED UNIT DEVELOPMENT (PUD) WITH A LAND USE INTENSITY OF 4; PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Vice Mayor Marchese moved to adopt proposed Ordinance No. 87-49 on first reading, seconded by Commissioner Zibelli. A roll call vote was taken by Mrs. Boroni: -46- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra - Aye - A_ye - Aye - Aye - Aye Motion carried 5-0. 4. Proposed Ordinance No. 87-50 Re: Rezoning - Knollwood Groves City Attorney Rea read proposed Ordinance No. 87-50 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE AS PLANNED UNIT DEVELOPMENT (PUD) WITH A LAND USE INTENSITY OF 4; PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Commissioner Zibelli moved to adopt Ordinance.No. 87-50 on first reading, seconded by Commissioner Hester. Mrs. Boroni took a roll call vote on the motion: Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. Mayor Cassandra reminded Mr. Annunziato that they had a request that some view graphs be shown so people will see what is being annexed on second reading. C. Resolutions Approval of Agreement with Barnett Bank This was changed from "Resolution" to "Approval" by City Manager Cheney. See "AGENDA APPROVAL", page 1, of these minutes. City Manager Cheney said the Barnett Bank was selected three years by a competitive bid Process. In that agreement, they have the right to mutually agree to extend -47- MINUTES - CITY COMMISSION REGULAR MEETING BOSTON BEACH, FLORIDA DECEMBER 1, 1987 it for one year. Barnett Bank wants to extend the agreement for one year with two changes, as indicated in their letter of November 25, 1987, signed by Donald R. Zyto, Vice Presi- dent and Branch Manager, 105 North Congress Avenue. A copy of said letter is attached to the original copy of these minutes in the Office of the City Clerk. City Manager Cheney explained the increase from $250,000 in the compensating balance to $500,000 to cover banking ser- vices. Because the earnings rate was down from 10.4% to 6.44%, Barnett was saying they did not feel they could justify keeping the compensating balance at only $250,000. The City thinks that is a reasonable request for one year, and City Manager Cheney gave the reasons. He stated that the City will have to go out for bids next year. Mr. Zyto was present, and there were further comments. Mayor Cassandra recalled that Barnett had given a lot of benefits to the City employees, such as free checking accounts, and he asked if those benefits would still be in the extension. Mr. Zyto answered that they would. Vice Mayor Marchese moved, seconded by Commissioner Mann, to approve the agreeement. Motion carried 5-0. D. Other Consider Water Service for Trail's End Plaza (Deleted at Commission Meeting of November 17, 1987) This item was deleted from the Agenda by City Manager Cheney. See page 1 of these minutes. OLD BUSINESS None. NEW BUSINESS $2,000,000 Funding in Palm Beach County for Cities in Fighting Drug Related Crime - Requested by Commissioner Mann Commissioner Mann found out $2,000,000 plus was on deposit in the County that was set aside for fighting drug related crime. A meeting was held yesterday with our Congressman and four or five Mayors. Commissioner Mann wanted assurance that the City would get involved and get a share of that $2,000,000. -48- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 The first City Manager Cheney heard about the meeting was by TV last night when the Mayor of Lake Worth indicated that he had invited the five cities that surround Lake Worth. Boynton Beach does not surround Lake Worth. Congressman Mica was on TV saying that the money came from the State. The Mayor of Lake Worth said those five Mayors agreed that probably each City should not apply, and there should be some kind of group. Later on in the evening on TV, Congress- man Mica indicated that the State would not look kindly on individual cities applying, that hopefully the County would apply, and the cities would participate in their paper process. The City confirmed this with Congressman Mica's office today. City Manager Cheney said the City would find out whether the Sheriff is going to apply or the County Commission will apply and will get on the "band wagon." He and Mayor Cassandra explained about Lake Worth and other cities. ADMINISTRATIVE A. Consider request submitted by Officer James Mahoney for reimbursement of Attorney fees City Manager Cheney referred to the memo dated November 4, addressed to him from Officer Mahoney and said it was clear what Officer Mahoney was asking for. City Manager Cheney wrote Officer Mahoney a letter and said it was at the option of the employee as to whether or not he should have had counsel. Officer Mahoney read a statement to the Commission. He read that on June 15, 1987, his employment with the City was terminated. On July 22, 1987, he appealed his termina- tion to the Civil Service Board, who unanimously reinstated him with all back pay, as well as all rights and privileges. Officer Mahoney wanted the City to pay the expenses incurred by him for having to hire an Attorney. Officer Mahoney told the Commission that City Manager Cheney denied his request by stating: (1) He did not have the authority. (2) Nobody has ever been given Attorney's fees. (3) The Attorney for Officer Mahoney was optional. This was why Officer Mahoney brought the request to the City Commission. Officer Mahoney wanted the City to follow the lead set by the State of Florida, who allows Attorney's fees to be paid for employees whose discipline has either been reduced or reversed, and he elaborated. -49- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 Officer Mahoney told the Commission to consider fighting for their careers and livelihood against the City Manager, the City Attorney, and the Chief of Police without being repre- sented by counsel. He did not think an Attorney was optional but that an Attorney was an absolute necessity. In response to Commissioner Zibelli, City Attorney Rea advised that in Florida Statutes 110, it is an optional provision. In this case, the State Civil Service had to provide for compensation of Attorney's fees and back pay when a disciplinary action is reduced or reversed. That has been in effect in the State Civil Service system for at least ten years. Commissioner Zibelli agreed with Mr. Mahoney that he did not have a choice, and that he had to hire an Attorney. Mayor Cassandra thought the problem was the City's Code. If the City Code implies that an Attorney is required, he tended to agree with Commissioner Zibelli. Mayor Cassandra also felt Officer Mahoney's point about fighting the big boys was well taken. He stated that the question here was one of precedent and one of changing the Civil Service Code. Also, the City had a problem of having all five civilians on a City Board making a decision that the City was liable for. Mayor Cassandra thought those questions should also be addressed. The City Code addresses compensation in the line of duty, which is a different case. Commissioner Mann spoke strongly in favor of Officer Mahoney's request. He thought the City was responsible. The City put him in this position. His opinion was upheld. The City put Officer Mahoney to that expense, and Commissioner Mann thought he should be compensated for it. Commissioner Hester also read the report. His big concern was that once they start this, if anybody else comes before the Board, they will want the same thing. Commissioner Hester understood Officer Mahoney's problem, but when they start setting precedents, they will get in trouble. He clarified his statements and reiterated that he could not see setting a precedent. Vice Mayor Marchese commented that the Code is very specific. If an individual chooses to get an Attorney, he thought it should be at his expense. After explaining, he stated he was opposed to the request. Vice Mayor Marchese moved to DENY the request, seconded by Commissioner Hester. Motion carried 3-2. Commissioner Zibelli and Commissioner Mann voted against the motion. -50- MINUTES - CITY COMMISSION REGULAR MEETING BOYI~TON BEACH, FLORIDA DECEMBER 1, 1987 B. Accept resignation from John R. Rousseau, Jr., Alternate, Planning & Zoning Board - Term expires April, 1989 Commissioner Hester moved to accept the resignation, seconded by Vice Mayor Marchese. Motion carried 5-0. Mayor Cassandra asked that a letter of be sent to Mr. Rousseau thanking him for his services. Consider replacement to fill vacant position - Planning & Zoning Board, Alternate - Appointment to be made by Commissioner Leonard Mann Commissioner Mann moved to TABLE this appointment, seconded by Vice Mayor Marchese. Motion carried 5-0. C. Approval of City of Boynton Beach/K Mart Cooperative Program with Bethesda Memorial Hospital Stroke Club - Watching Christmas Boat Parade See pages 3 and 4 of these minutes. D. Consider request submitted by Mr. Raymond Vaccaro, Superintendent of Construction for Walgreen Company, for the placement of 5 temporary trailers on the west side of Walgreen Liquor & Drug Stores at Causeway Square City Manager Cheney informed Mayor Cassandra that the trailers are along U. S. 1. Two trailers will be moved by December 31, 1987. The remaining three trailers will be removed by January 31, 1988. Commissioner Hester moved, seconded by Vice Mayor Marchese, to approve the request. Motion carried 5-0. E. Consider Request Submitted by the Banana Boat to Install Annual Christmas Display Vice Mayor Mann moved, seconded by Commissioner Zibelli, to approve the request. Motion carried 5-0. ADJOURNMENT There being no further business to come before the Commission, the meeting properly adjourned at 11:25 P. M. -51- MINUTES - CITY COMMISSION REGULAR MEETING BOYNTON BEACH, FLORIDA DECEMBER 1, 1987 CITY OF BOYNTON BEACH, FLORIDA ATTEST: /l - Mayor  -~ ~V-Vice ~yor ' ""-'-'~ ..... ioner Commissioner City Clerk Recording Secretar~F/ (Four Tapes) -52- AGENDA December 1, 1987 ALLIED PRODUCTS COMPANY Month of October - Pebble Quicklime Deliveries to WTP. Pay from Water/Sewer Revenue Fund---401-332-533-30-65 $ 10,698.73 ALMAR CHEMICAL COMPANY Various Chemicals for the Golf Course. Pay from Golf Course Fund---411-726-572-30-61 " " 411-726-572-30-66 4,715.00 o BARNETT BANKS TRUST COMPANY Semi-annual Paying Agent Fee for Series 1985 Bonds due 12/01/87. Pay from Water/Sewer Revenue Fund---401-841-584-90-12 1,000.00 BOWER AMMONIA & CHEMICAL COMPANY Bulk Anhydrous Ammonia. Pay from Water/Sewer Revenue Fund---401-332-533-30-65 1,192.63 o CALGON CORPORATION 10,000 lbs. of Calgon RS-2. Pay from Water/Sewer Revenue Fund---401-332-533-30-65 6,140.00 CHUCK'S AUTO REPAIR Repairs to Police Vehicle #328 from Accident on Pay from Vehicle Service Fund---501-193-519-40-49 DAVIS WATER & WASTE INDUSTRIES, INC. Odophos Liquid NO. 1. Pay from Water/Sewer Revenue Fund---401-352-535-30-65 22,587.40 DENISE DAWKINS Gymnastics (103 Registrants). Pay from General Fund---001-721-572-40-69 FLORIDA UNEMPLOYMENT COMPENSATION FUND Unemployment Benefits on Michael Rhuda - Quarter ending September 30, 1987. Pay from Vehicle Service Fund---501-193-519-10-32 10. HALSEY'S Various Office Supplies. Pay from Various Funds. 1,236.00 1,575.00 2,605.14 11. HELENA CHEMICAL COMPANY 1,171.85 ~Various Chemicals for the Golf Course. __~ ~~~ Pay from Golf Course Fund---411-726-572-30-61 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. INDUSTRIAL COMMUNICATION COMPANY For 1 Anchor PB 1500 Sound System & 1 Anchor FL 1500 Podium. Pay from 1986/87 Budget. Pay from Fed. Rev. Sharing---320-721-572-60-42 KELLY TRACTOR COMPANY Caterpillar Backhoe Loader - Model #416 Pay from 1986/87 Budget. Pay from Water/Sewer Revenue Fund---401-351-535-60-42 MIMS TRUCK EQUIPMENT Remove and Replace Broken Parts & Straighten Mast.-San #89. Pay from Sanitation Fund---431-341-534-40-33 NATIONAL UTILITY PRODUCTS COMPANY 25 Adjus-to-Grade Castings for the Utility Dept. Pay from Water/Sewer Revenue Fund---401-351-535-30-gf SAFETY EQUIPMENT COMPANY 3 Gas Detectors, 1 Battery Charger, 1 NJ-Cad Battery Pack. Pay from Water/Sewer Revenue Fund---401-352-535-60-42 SPALDING 800 DZ. Spalding Super Range Balls. Pay from Golf Course Fund---411-725-572-60-42 TRAIL FORD TRACTOR COMPANY Pump #33 & Emergency Repair for Front Loader. Pay from Golf Course Fund---411-726-572-40-33 Pay from General Fund ---001-411-541-40-33 TRANS-FLORIDA SUPPLY COMPANY For 36", 42", & 48" Fire Hydrants. Pay from 1986/87 Budget. Pay from Water/Sewer Revenue Fund---401-333-533-60-54 UNIJAX Janitorial Supplies. Pay from Various Funds. WATER RESOURCES CORP. 30hp Well Pump Motor and Pigtail. Pay from 1986/87 Budget. Pay from Water/Sewer Revenue Fund---401-395-539-40-4a WAYNE Al(ERS FORD, INC. 1988 4-Wheel Drive Pick Up Truck Pay from Vehicle Service Fund---501-193-519-60-88 1,038.00 42,504.00 1,882.32 1,975.00 4,559.50 4,920.00 1,952.26 5,864.14 2,447.02 3,121.56 12,524.27 23. MILLER &MEIER & ASSOCIATES, INC. 4,013.36 Boynton Beach Municipal Facilities - Reimbursables Pay from Building Improve. Fund---303-194-519-40-63 24. PIFER, INC. 4,760.00 4,000 ft. of Eljen Pipe for emergency order to get portion of Golf Course ready for playing during renovation construction on another section of the Course. Pay from Golf Course---411-726-572-30-46 25. SPACE MASTER INTERNATIONAL 49,812.00 2 Mobile Office Trailers for Building Dept. and Police Dept. Pay from Building Improve. Fund---304-194-519-60-29 $22,425.00 " " " " " 304-211-521-60-29 27,387.00 26. SYNDICON PROPERTIES, INC. 15,912.50 Pineland Plaza Rent & Maintenance for October and November. Pay from Building Improve. Fund---304-194-519-40-23 The bills described have been approved and verified by the department heads involved, checked and approved for payment. Grady~ctor I therefore recommend payment of these bills. 105 North Congress Avenue Post Office Box 24644 West Palm Beach, Florida 33416-4644 305/833-2000 305/276-0200. November 25, 1987 Mr. Grady W. Swann Director of Finance City of Boynton Beach 120 N.E. 2 Ave. Boynton Beach, FL 33435 Dear Grady: -- Barnett Bank of Palm Beach County is pleased to have the opportunity to extend the contract for the City from February 1, 1988 to January 31, 1989. Everything will remain the same with the following exceptions: 1) The spread on the Repurchase Agreement Investments will be increased from .375 to .50 basis points below the Barnett Federal Funds Rate. 2) The compensating collected balance required for services will be increased to $500,000. This is required ~s the proposal dated October 15, 1984 reflected an earning credit rate of 10.4% and current rates are approximately half that amount. 3) As per your request, return items will be redeposited. We appreciate your business and look forward to working your staff for another~v~r. ----. . Donald R. Zy~-o-~-~~-----~' · Vice President Branch Manager cc: Michael D. Koons